by them; and the clerk shall receive, for making out the lists and annexing the road tax, and the sheriff for delivering the same as above provided for, a reasonable compensation, to be allowed by the county court. 1851. Fees of clerk and sheriff. Penalty on of duty. § 12. That should the clerk fail to deliver the road orders, or the lists of taxes, to the sheriff, as specified in the clerk for neglect eleventh section of this act, he shall forfeit ten dollars, to be deducted from his allowance for making out the lists and annexing the tax; and the sheriff, for each failure to deliver the said orders or tax lists to the different surveyors in sheriff. the time specified, shall forfeit three dollars for each failure, to be deducted out of his allowance for delivering the tax lists, unless for good cause shown in either case. fice. Penalty on Surveyors to § 13. That each surveyor, before he enters upon the duties of his office, shall take an oath faithfully to discharge take oath of of the duties of road surveyor according to law and to the best of his ability; which shall be certified on the back of the order, by the justice administering the oath. pro. § 14. That all property situated within the corporate limits of the city of Newport shall be exempt from the visions of this act, and the citizens thereof shall be exempt from working the roads. City of Newport exempt from this act. Jamestown to § 15. That the county court, in laying off said county into suitable road districts, shall make the town of James- form a district. town one district, and appoint a surveyor of streets and alleys, whose duties shall be the same as the county road surveyors; and the citizens thereof shall work the streets and alleys of said town in the same manner, and be subject to the same tax, as other districts: Provided, that they shall not be called upon to work on roads outside of the limits of said town. Former laws Proviso. § 16. That all special laws in relation to working roads in Campbell county, heretofore passed, be and the same repealed. are hereby repealed; and that all the general laws of this commonwealth in relation to working roads, not incompatible with this act, be and the same are hereby declared to be the road laws for the county of Campbell: Provided, that nothing in this act shall be so construed as to prevent the sheriff or collector from proceeding to collect any road tax which has been affixed by the county court for the present or ensuing year under the several acts thus repealed; and that nothing in this act shall be so construed as to affect any settlement with any treasurer of the road fund, collector, or sheriff, or ex-sheriff, or to affect any suit which has been, or may hereafter be instituted against any such treasurer, collector, sheriff, or ex-sheriff, or their securities, for default in not paying over funds in their hands, which should have been paid over. Approved November 18, 1851. AN ACT to provide for surveying and re-marking the dividing line between § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, James Scrivener, of the county Barren, and James Jones, of the county of Edmonson, be and they are hereby constituted and appointed commissioners to survey and re-mark the dividing line between the counties of Barren and Edmonson, beginning at the corner of Barren, Edmonson, and Hart counties and running to, or near to, the residence of Hawkins Camp; and, for that purpose, may employ two chain carriers, to whom they shall administer an oath for the faithful performance of their duties. § 2. It shall be the duty of said commissioners to make out and file in the county court clerk's office of each county, a copy of said survey; and for their services they are authorized to make out, on oath, an account, which shall be allowed and levied by their respective county courts, each county paying one-half the expenses of said survey. Approved November 18, 1851. CHAPTER 16. AN ACT to change the place of voting in district No. 6, in Knox county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of voting in the 6th district, in Knox county, be changed from John Mason's house, on Clear creek, to the Cold Spring school house, in said district; and that all elections in said district shall hereafter be held at said school house. Approved November 18, 1851. CHAPTER 17. AN ACT to change the place of voting in the second district in Meade county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of voting in the second district, in Meade county, be changed from James Popham's to the house of John Yuteslar; and that hereafter all elections in said district shall be held at the house of said Yuteslar. Approved November 18, 1851. CHAPTER 19. AN ACT for the benefit of the infant children of John Braxdall, Jr., deceased. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the judge of the Boyle circuit court, upon the guardian or guardians of the infant children of John Braxdall, jr., deceased, filing his or their petition in said court, be and he is hereby authorized and empowered to render a decree, directing and empowering the said guardian or guardians to invest the money in his or their hands, belonging to said infant children, in any real estate the said judge may direct in said decree; the court first being satisfied that it will redound to the interest of said infant children to authorize such investment. Approved November 22, 1851. 1851. CHAPTER 20. AN ACT incorporating the Kentucky State Medical Society. WHEREAS, it has been represented to the general assembly that sundry citizens, hereinafter named, have associated themselves as a society, with a view to the advancement of medical knowledge throughout the state of Kentucky; and that the accomplishment thereof would be greatly facilitated, and their labors rendered more extensively useful, if they were vested with some of the powers or attributes of a corporate body, Therefore, Corporator's § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That S. D. Gross, Henry Miller, W. H. names. Miller, D. W. Yandell, T. G. Richardson, D. D. Thompson, R. J. Breckinridge, jr., N. B. Anderson, J. B. Flint, E. D. Foree, J. Dudley, J. P. Letcher, W. L. Sutton, C. H. Spilman, W. R. Evans, A. Evans, W. R. Chew, George B. Harrison, W. S. Chipley, W. C. Sneed, H. Rodman, C. G. Phythian, Benjamin Hensley; Joseph G. Roberts, Benjamin Monroe, jr., E, H. Watson, J. M. Mills, L. Y. Hodges, E. H. Black, James R. Adams, Joshua Gore, Henry Craig, J. D. Winston, D. S. Slaughter, R. W. Glass, D. J. Ayres, L. G. Ray, Edward Ingels, E. C. Drane, and J. C. Darby, as well as all others who may hereafter be admitted to membership with them, be a body corporate and politic, by the name and style of the Kentucky state medical society, name and powand by that name shall be capable of suing and being sued, in any of the courts of this commonwealth, and shall have perpetual succession, and be authorized to use a common seal. er. Corporate May enact § 2. That it shall be lawful for said corporation, thus constituted, to enact all such by-laws as they may deem suitable by laws necessary and proper for attaining the objects of their institution, and not contrary to the laws of the United States or of this commonwealth. 1851. admission fee. § 3. That it shall be lawful for said society to require of May require persons admitted to membership therein, such adinission fees and annual contributions as a legal quorum thereof may, from time to time, enact; and if any member shall refuse or fail to pay such admission fee or annual contribution, the same shall be recoverable by the society, on motion, with ten days notice, before any of the superior or inferior courts of law held in this commonwealth, or in any county, city, or corporation whereof the member, so refusing or failing to pay, shall be an inhabitant. estate. 4. That it shall be lawful for said society to hold, unMay hold real der any title recognized by the laws of this state, such buildings as may be required for their immediate personal accommodation as a society, for lecturing rooms, a dissecting room, and such other apartments as may be manifestly necessary or convenient for the promotion of inedical knowledge. Charter subject to amendment. § 5. That it shall be lawful for the said society to hold, under any title recognized by the laws of this state, whether coming to them by purchase, donation, or otherwise, so much real property, exclusive of that mentioned in the fourth section of this act, whereof the clear income, on an average of ten years, shall not exceed two thousand dollars per annum. § 6. That this act shall be at all times subject to be amended or repealed, as the general assembly shall deem necessary and proper. Approved November 24, 1851. CHAPTER 21. AN ACT to divide District No. 4, in Trigg county. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the judge of the Trigg county court, upon the petition of a majority of the voters of the fourth district, in said county, may, at the February court of said county, appoint three commissioners, not living in said district, who shall proceed to lay off and divide said district into two districts, and establish a voting place in each, having due regard to the convenience of all the voters of said districts, and report, at the April term of said county court, the boundaries and places of voting of said districts. Approved November 24, 1851. ; CHAPTER 22. AN AT to amend and reduce into one the several acts concerning private passways in Mercer county. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That when a plantation or plantations, 1851. How passways tract or tracts of land in Mercer county, belonging to any person or persons in the possession thereof, either by the owners or their tenants, shall be so situated from the fenc- may be opened. ing, joining and erected thereon, that no reasonable road or passway therefrom exists, or is left open for traveling to or from the court house in Mercer county, or to any town, or ferry, or landing, or warehouse, or mill, or house of public worship, or in getting to or from one public road to another public road, leading to or from any of the above named places in Mercer county, it shall and may be lawful for any person or persons so aggrieved and obstructed in getting to or from either of the above named places, having given ten days' previous notice, in writing, to any person or persons through whose land or lands a private passway shall be proposed to be established, to apply to the Mercer county court, whose duty it shall be appoint five house-keepers of good fame, and no wise related to either party, any three of whom may act, who, after being first duly sworn by some justice of the peace, or judge of a court, faithfully and impartially to discharge the duties required of them by this act, shall go on any lands through which a passway shall be proposed and desired, and carefully examine into the whole cause of complaint. And after such examination, should a majority of them be of the opinion that there is a real necessity for such private passway, arising from any of the causes before mentioned, or from the unreasonable extent or distance of traveling around such inclosed lands to get to or from the places, or any of the places before mentioned, they shall designate with sufficient certainty the route said passway ought to be laid out and run, the width of which shall not exceed twenty feet; a descriptive report of which they shall make out in writing, and return to the county court of Mercer; a copy of which shall be given to the owner or owners of said lands through which said passway is proposed to be run, or to his or their agent or attorney, or tenant in possession, should the owner or owners of said land be absent from the state, ten days be fore the court shall act upon the original report. But should a majority of said commissioners be of the opinion that there is no real necessity for such passway, they shall report the fact to the said county court, who shall thereupon dismiss the matter for the same. Copy of notice whom delivered 2. Be it further enacted, That the copy of the report and notice above mentioned, required to be delivered to the and report-by owners of the land, tenants, agents, or attorney, may be done by any constable or sheriff, whose official return on the original shall be evidence of the delivery of the copy or notice so required to be given. §3. Be it further enacted, That the second, third, fourth, fifth, sixth, seventh, eighth, and ninth sections of an act, passed and approved on the 22nd day of February, 1834, |